Conviction of a Former Civilian Employee at Stutthof Concentration Camp final

Year of issue 2024
Date of issue 28.08.2024

No. 166/2024

Judgment of 20 August 2024 - 5 StR 326/23

The Federal Court of Justice`s Fifth Criminal Panel based in Leipzig has dismissed the appeal on points of law lodged by a 99-year-old former civilian SS-employee, who had opposed her conviction to two years of juvenile sentence, suspended for probation, by Regional Court Itzehoe on grounds of accessory to murder in 10,505 cases as well as to attempted murder in five cases (see press office release 18/2024).

According to the judgment findings, the appellant, who at the time of the offences was 18 and 19 years old, was the only shorthand typist employed at the headquarters of SS-operated Stutthof concentration camp during the period from 1 June 1943 through 1 April 1945. The Regional Court has concluded that by handling the paperwork at the headquarters, the accused had deliberately assisted the main perpetrators with the barbarous killing or attempted killing of prisoners by means of gassing, creation of lethal living conditions in the camp, by transportation to the Auschwitz-Birkenau extermination camp and by relocation of prisoners to so-called death marches. Her services had been necessary for organizing the camp and performing the cruel, systematic acts of homicide.

Following several hours of main hearing on 31 July 2024 (see press office release 156/2024), the Fifth Criminal Panel with today`s judgment has dismissed the appeal on points of law lodged by the accused based on factual complaint. In doing so, the Panel has relied upon and continued with the recent jurisdiction of the Federal Court of Justice on aiding and abetting in connection with state-organized mass crime (Federal Court of Justice (BGH, Bundesgerichtshof) decision of 20 September 2016 – 3 StR 49/16 regarding a guard in the Auschwitz-Birkenau concentration camp, see press office release 213/2016). In these constellations, on the one hand, a large number of persons employed in politically, administratively or military-hierarchically responsible positions is involved in each individual act of committed murder without having actually executed an act of homicide by their own hands. On the other hand, multiple persons acting in compliance with official orders as part of a hierarchical chain of command will also directly contribute to the execution of the individual acts of homicide. It is therefore necessary to examine in detail, whether the actions the aider is accused of have furthered, within the meaning of section 27 (1) German Criminal Code (Strafgesetzbuch, StGB), the act committed by at least one of the persons contributing to the murder.

According to the Regional Court’s assessment free of legal error, this was the case with the accused. By handling the paperwork, she did not only physically assist the camp commander and his adjutant, both of whom she had a trusting working relationship with. By integrating herself as a reliable and obedient subordinate into the camp organization, the accused assisted them also mentally with committing the 10,505 completed as well as five attempted barbarous cases of murder that the Regional Court has attributed to her. Her work as the only shorthand typist was of essential significance for the entirely bureaucratic organized camp operation. Insofar it was not decisive, that the Criminal Panel could not rule out the possibility of individual letters having been prepared by other persons also.

The principles developed by case law on the immunity from prosecution of job-specific neutral actions with “every day-character“ do not exclude the conviction of the accused, particularly because she was positively aware of the criminal acts committed by the main perpetrators whom she assisted. By providing her services in spite of this knowledge, the accused, so to speak, solidarized with them, which caused her actions to lose their “every day-character“ for good.

Lower Court:

Regional Court Itzehoe - Judgment of 20 December 2022 - 3 KLs 315 Js 15865/16 jug.

Karlsruhe, 20. August 2024

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